The judge in Donald Trump‘s blockbuster hush money trial threatened to to put the former president under oath to explain ‘threatening’ posts he made on social media.
In a stunning rebuke Judge Juan Merchan also lambasted the former president’s lawyer, saying he had ‘lost all credibility’ with ‘silly’ arguments.
It came as the judge considered whether to punish Trump for violating a gag order that prevents him from criticizing witnesses and others involved in the case.
Judge Merchan ultimately reserved his decision following a hearing on the gag order lasting nearly two hours.
During the hearing Trump looked on prosecutor Christopher Conroy handed the court copies of 10 statements on the former president’s Truth Social platform or campaign website that he said violated the order.
Conroy said: ‘The defendant has violated this order repeatedly and hasn’t stopped.’
He said Trump’s attacks ‘pose a very real threat to the integrity of judicial proceedings by intimidating the defendant’s direct targets.’
The prosecutor said Trump had also breached the gag order for an 11th time the previous night ‘on camera’.
That happened ‘here in this building right outside those doors in a pen setup from which he has conducted press conferences’.
He was referring to remarks in which Trump said Michael Cohen, who will be the star witness in the case, ‘wasn’t very good’ as a lawyer and accused him of getting ‘caught lying’.
In the trial Trump is charged with falsifying business records to cover up a $130,000 payment to porn star Stormy Daniels.
The payment was to buy her silence about an alleged sexual encounter she claims happened in 2006.
Trump has pleaded not guilty and also denies such an encounter took place.
He has been under a gag order imposed by Judge Juan Merchan which stops him publicly attacking witnesses, prosecutors and relatives of court staff.
However, on his social media site Trump has called Cohen and Daniels ‘two sleaze bags who have, with their lies and misrepresentations, cost our country dearly.’
Trump has also made public statements about the jury.
Prosecutors highlighted a Truth Social post on April 17 in which Trump quoted Fox News commentator Jesse Watters.
Watters was quoted as saying that ‘undercover liberal activists (are) lying to the judge in order to get on the Trump jury.’
Conroy said that the part about jurors lying to get on the jury was added by Trump.
Waters was on air at 5.08pm and Trump’s post was at 5.36pm that day, the court heard.
Conroy said: ‘The next day was the day juror 2 came in and said I don’t think I can be in this any more because of things she’d been hearing.
‘We ended up losing the juror. What happened was what this order was supposed to prevent. This defendant doesn’t care.’
Conroy told the court: ‘I’m not sure how there could be a straight faced argument these posts related to any other than this trial.
‘Throwing MAGA into these posts doesn’t make it more political, it may make it more ominous.’
Conroy said Trump ‘knows about the order, he knows what he’s not allowed to do and he does it anyway.
‘His knowledge of the order shows it’s willful and intentional.’
The law permits the judge to send Trump to jail for up to 30 days.
Trump has said it would be a ‘great honor’ to be jailed.
However, Conroy told the court that ‘we are not yet seeking an incarceratory penalty’ even though ‘the defendant seems to be angling for that’.
Instead the prosecution sought the maximum $1,000 fine for each post and an order telling Trump to take the offending posts down
Conroy said: ‘The court should warn the defendant this will not be tolerated and remind him that incarceration is an option.
‘He is having his day in court but he’s doing everything he can to undermine this process’.
Trump’s lawyers argued that the gag order violates his free speech rights.
Todd Blanche, his lawyer, said: ‘President Trump does in fact knows what the gag order allows him
‘There was absolutely no willful violation of the gag order in the 10 posts.
‘There is no dispute that President Truymp is facing a barrage of political attacks from all sides.’
Blanche turned to the first post, by Daniels’ former lawyer Michael Avenatti, and said that Trump’s comments were ‘political’ and so he should be allowed to respond.
Judge Merchan had already scolded Trump for muttering loud enough to be heard by prospective jurors and for gesturing animatedly in court.
‘I will not have any jurors intimidated in this courtroom,’ Judge Merchan told Trump during an earlier hearing.
On Tuesday jurors are also hearing testimony from former National Enquirer publisher David Pecker.
Prosecutors say he participated in a ‘catch and kill’ scheme to suppress unflattering stories about Trump and help him get elected.
The National Enquirer paid $150,000 to former Playboy magazine model Karen McDougal for the rights to her story about a months-long affair with Trump in 2006 and 2007. It then did not publish the story. Trump has denied an affair with McDougal.
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Daniel Bates
